ASSUMPTION OF RISK; WAIVER AND RELEASE OF RIGHTS AND CLAIMS
Before signing this acknowledgement of risk, and waiver and release of rights and claims (this “Agreement”), you must read this Agreement very carefully. If an accident were to occur involving you and/or your minor/ward, you and/or your minor/ward (by signing this Agreement) would be giving up legal rights that you and/or minor/ward might otherwise have. If you do not understand anything in this Agreement, or if you object to any provision contained in this Agreement, you should not sign it, but should seek advice from your legal counsel. Requests for modifications to this Agreement may be directed to KT Bommar Ventures, Inc. d/b/a Burn Boot Camp Anderson Township, an Ohio corporation (“Burn Boot Camp Anderson Township”), at [email protected]
I recognize and acknowledge that as a recipient of the personal training services provided by Burn Boot Camp Anderson Township, I and/or my minor/ward will periodically engage in strenuous physical activities involving the use of free weight training and other exercise equipment. I am aware and understand that these activities entail the risk of serious and other injuries, including, but not limited to: broken bones, strains, sprains, bruises, concussions, heart attack, viral or other pathogen infection, and in some cases, permanent disability and even death. I also understand that severe social and economic loss might result not only from my own actions but also from the actions, inactions or negligence of others, or the condition of the premises or equipment used in connection with such activities. Nevertheless, I agree to assume the risk of injury, damage, or loss regardless of severity that I, my minor/ward, or other family member or kin may sustain as a result of the activities I and/or my minor/ward engage in arising out of, connected with, or in any way associated with the personal training services provided by Burn Boot Camp Anderson Township.
Accordingly, I agree to waive, relinquish, discharge, release, and covenant not to sue Burn Boot Camp Anderson Township and its parent, sister, affiliated and/or subsidiary corporations and related entities, members, shareholders, owners, officers, directors, partners, employees, consultants, contractors, advisors, agents, insurers, attorneys and volunteers (“Indemnitees”), from any and all rights, claims of injury, demands, causes of action, damages, liabilities or loss, including any such damage or injury caused by the negligence of Burn Boot Camp Anderson Township or the Indemnitees or any other persons, that I, my minor/ward, or other family member may have or that may accrue to me, my minor/ward, or other family members arising out of, connected with, or in any way associated with the personal training services provided by the Burn Boot Camp Anderson Township, this Agreement, or otherwise suffered while within the premises or facility used by Burn Boot Camp Anderson Township or due to any condition or defect thereof.
Notwithstanding the foregoing and any other provision of this Agreement, I do not waive any rights that I may seek redress against a party for such party’s reckless or willful misconduct in connection with this Agreement.
In consideration of my waiver and release of the Indemnitees and Burn Boot Camp Anderson Township stated herein, I am being granted the right to participate in the activities and services offered by Burn Boot Camp Anderson Township. Additionally, I have considered that if this Agreement were not as broad as it is, the cost of the personal training services provided to me and/or my minor/ward by Burn Boot Camp Anderson Township would be considerably higher and I do not wish to pay a considerably higher cost. By signing this Agreement, I waive the right to bargain for different terms in this Agreement. I also understand that if I later learn that any fact that I believed to be true at the time I signed this Agreement is later to be found incorrect, I nevertheless am bound by this Agreement. I agree to follow all rules and regulations and/or the directions and instructions of Burn Boot Camp Anderson Township and its agents and instructors.
I agree and permit Burn Boot Camp Anderson Township and the Indemnitees to take such emergency action as they deem necessary in the event of an injury, or to provide medical care including the administration of CPR or use of AED equipment and to call at my cost and expense such emergency services as may be necessary.
I agree to defend, hold harmless, and indemnify Burn Boot Camp Anderson Township and the Indemnitees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by Burn Boot Camp Anderson Township and the Indemnitees arising out of, in connection with, or in any way associated with my negligence or more culpable act or omission, including any reckless or willful misconduct, and this Agreement. I warrant and represent that I and/or my minor/ward have no medical or other condition, which would prohibit such individual from participating in any of Burn Boot Camp Anderson Township’s programs.
This Agreement constitutes the entire agreement between me and Burn Boot Camp Anderson Township on the issues contained in this Agreement and supersedes all prior agreements and/or memoranda. This Agreement may only be modified in writing with the written consent of both me and Burn Boot Camp Anderson Township. This Agreement is binding on and shall inure to the benefit of Burn Boot Camp Anderson Township, its successors and assigns, and me and my heirs, beneficiaries, and personal representatives. I may not assign this Agreement without the express written consent of Burn Boot Camp Anderson Township.
This Agreement shall be governed by the laws of the State of Ohio without giving effect to any choice or conflict of law provisions or rule (whether in the State of Ohio or any other jurisdiction). The parties hereto irrevocably consent that the venue and jurisdiction of any dispute shall lie in Clermont County, Ohio. In the event that a court of competent jurisdiction determines that any provision of this Agreement is invalid, all other provisions shall survive and this Agreement shall be interpreted and enforced to effectuate the overall intent of the parties as expressed herein.
I have read this Agreement thoroughly and fully understand it. I enter into it voluntarily on behalf of myself, my spouse, my heirs, next of kin, assigns, personal representatives, related individuals and related entities. No one has made to me any representations statements, or inducements that change or modify anything written in this Agreement.
